Access to Courts

Federal court review is an important check on agency decision making because of the high stakes involved in immigration cases and the potential for error that accompanies the growing volume of cases. Through targeted litigation, the LAC has consistently advocated that statutory limits on judicial review must be narrowly construed. We also provide practice advisories, mentoring and other support to attorneys seeking review of unfavorable decisions impacting the rights of noncitizens. In addition, we advocate for the adoption of policies that help ensure all noncitizens a meaningful opportunity to be heard in the immigration court system.

Federal Courts | Immigration Courts and the BIA | Practice Advisories

Federal Courts

• Administrative Procedures Act
• Habeas Corpus
• Jurisdictional Bars Under the INA
• Mandamus
• Naturalization Delays
• Preserving Federal Court Review in Bivens/FTCA Cases
• Remands to the BIA

Immigration Courts and the BIA

• Fair Procedures in Immigration Court
• Immigration Judge Jurisdiction over INA § 204(j) Portability
• Motions to Reopen from Outside the U.S.

Practice Advisories

• Immigration Lawsuits and the APA: The Basics of a District Court Action (May 9, 2007)
• Mandamus Jurisdiction over Delayed Applications: Responding to the Government's Motion to Dismiss (August 30, 2010)
• Mandamus Actions: Avoiding Dismissal and Proving the Case (August 6, 2009)
• How to get Judicial Relief Under 8 USC 1447(b) for a Stalled Naturalization Application (August 25, 2010)
• Rescinding an In Absentia Order of Removal (March 31, 2010)